HomeMy WebLinkAboutFish & Game - Commercial Herring Fishery COMMISSIONERS
Cindy Gustafson,President ARNOLD SCHWARZENEGGER .JOHN CARLSON,JR.
Tahoe City EXECUTIVE DIRECTOR
Jim Kellogg,Vice President 1416 Ninth Street
Concord Box 944209
Richard Rogers,Member Sacramento,CA 94244-2090
Carpinteria (916)6534899
Michael Sutton,Member (916)653-5040 Fax
Monterey Governor fgc@*xagov
Daniel W.Richards,Member
Upland
STATE OF CALIFORNIA
Fish and Game Commission �, ��of s��i<Rvtso�s
July 8, 2009
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
sections 163 and 164, Title 14, California Code of Regulations, relating to the
commercial herring fishery, which will be published in the California Regulatory Notice
Register on July 10, 2009.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Mr. John Mello, Marine Region, Department of Fish and Game, phone (707) 441-
5755, has been designated to respond to questions on the substance of the
proposed regulations.
Sincerely,
peMrriT i e�m�an�
Staff Services Analyst
Attachment
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the
authority vested by sections 1050, 5510, 8389, 8550, 8552.1, 8553 and 8555, of the Fish and Game
Code and to implement, interpret or make specific sections 713, 1050, 7850, 7850.5, 7852.2, 8043, 8053,
8389, 8550-8557, and 8559 of said Code, proposes to amend sections 163 and 164, Title 14, California
Code of Regulations, relating to the commercial herring fishery.
Informative Diuest(Policy,,Statement Overview
Under existing law, herring may be taken for commercial purposes only under a revocable permit, subject
to such regulations as the Fish and Game Commission shall prescribe. Current regulations specify:
permittee qualifications; permit application procedures and requirements; permit limitations; permit areas;
vessel identification requirements; fishing quotas; seasons; gear restrictions; quotas; and landing and
monitoring requirements.
The proposed regulations would establish the fishing quota, season dates and times for fishing
operations for the 2009-2010 season in San Francisco Bay based on the most recent biomass
assessments of spawning populations of herring as well as season dates and times for fishing operations
for the 2009-2010 season in Tomales Bay. There are no quota changes proposed for Crescent City
Harbor, Humboldt or Tomales bays for the 2008-09 herring season.
The following is a summary of the proposed changes in Sections 163, and 164, Title 14, CCR:
Option 1
• The Department recommended proposed regulations would set the San Francisco Bay
quota at 0 tons, which represents a 0 percent harvest of the 2008-09 spawning biomass
estimate. If the Commission were to adopt this option, this would close the herring roe and
herring-eggs-on-kelp fishery in San Francisco Bay for the 2009-2010 season.
• The Department recommended proposed regulations would close the open ocean fishery
that takes place for herring, primarily in Monterey Bay. An incidental allowance of no more
than 10 percent herring by weight of any load composed primarily of other coastal pelagic
fish species or market squid may be landed.
The Department recommended proposed regulations would set the dates of the roe
herring fishery in Tomales Bay from noon on Sunday, December 27, 2009, until noon on
Friday, February 26, 2010.
Option 2
• The alternative proposed regulations would allow a quota within the range of zero to 10
percent of the 2008-2009 spawning biomass estimate of 4,844 tons.
• The alternative proposed regulations would allow a harvest rate of seven percent of the
2008-2009 spawning biomass.
•. The alternative proposed regulations would create one San Francisco Bay herring season
with a common quota for all platoons for the 2009-2010 season.
• The alternative proposed regulations would modify San Francisco Bay herring permit
requirements only for the 2009-2010 season, by requiring two permits of any type (DH,
Odd, or Even)for an individual to fish one net ( minimum allowed per vessel), and four
permits of any type (DH, Odd, or Even) for an individual to fish two nets (maximum allowed
per vessel).
Alternative proposed regulations would allow fishing in San Francisco Bay from 5:00 p.m.
on Sunday, January 3, 2010, until noon on Friday, February 26, 2010.
The following are minor editorial changes proposed to improve clarity and consistency of the regulations:
The proposed regulations would correct the Limited Entry Pacific Herring permit
application number in subsection 163(b)(1) and the Herring Eggs on Kelp permit
application number in subsection 164(h)(1)to coincide with the 2009-2010 season
applications.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this
action at a hearing to be held at the Yolo Fliers Club, Ballroom, 17980 County Road 94B, Woodland,
California, on Thursday, August 6, 2009, at 8:30 a.m., or as soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant
to this action at a hearing to be held at the Yolo Fliers Club, Ballroom, 17980 County Road 94B,
Woodland, California, on Thursday, September 3, 2009, at 8:30 a.m., or as soon thereafter as the matter
may be heard. It is requested, but not required, that written comments be submitted on or before
August 27, 2009 at the address given below, or by fax at(916) 653-5040, or by e-mail to
FGC@fac.ca.gov_. Written comments mailed, faxed or e-mailed to the Commission office, must be
received before 5:00 p.m. on August 31, 2009. All comments must be received no later than
September 3, 2009, at the hearing in Woodland, CA. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
The regulations as proposed in strikeout-underline format, as well as an initial statement of reasons,
including environmental considerations and all information upon which the proposal is based (rulemaking
file), are on file and available for public review from the agency representative, John Carlson, Jr.,
Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California
94244-2090, phone (916) 653-4899. Please direct requests for the above mentioned documents and
inquiries concerning the regulatory process to John Carlson, Jr., or Sheri Tiemann at the preceding
address or phone number. Mr. John Mello, Marine Region, Department of Fish and Game,
(707) 441-5755 has been designated to respond to questions on the substance of the proposed
regulations. Copies of the Initial Statement of Reasons, including the regulatory language, may be
obtained from the address above. Notice of the proposed action shall be posted on the Fish and Game
Commission website at http://www.fgc.ca.90v.
Availability of Modified Text
If the regulations adopted by the Commission differ from but are sufficiently related to the action
proposed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing
of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public
recommendation and comments during the regulatory process may preclude full compliance with the 15-
day comment period, and the Commission will exercise its powers under Section 202 of the Fish and
Game Code. Regulations adopted pursuant to this section are not subject to the time periods for
adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4 and 11346.8 of
the Government Code. Any person interested may obtain a copy of said regulations prior to the date of
adoption by contacting the agency representative named herein.
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If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address
above when it has been received from the agency program staff.
Impact of Regulatory Action
The potential for significant statewide adverse economic impacts that might result from the proposed
regulatory action has been assessed, and the following initial determinations relative to the required
statutory categories have been made:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability
of California Businesses to Compete with Businesses in Other States:
Japan remains the major market for California herring roe (Kazunoko), which is processed for
consumption in Japan as a traditional salted roe product or flavored roe product. Very recent gains in
the Japanese Yen against the US dollar could provide for future increase in demand for herring roe.
Nonetheless overall trends in ex-vessel prices continue to decline. Market observers attribute this
decline to changing tastes, preferences, and demographics in Japan over the years.
The California commercial herring fishery takes place in four areas; San Francisco Bay, Tomales Bay,
Humboldt Bay, and Crescent City Harbor. However, the greatest economic activity is derived from
herring ventures in San Francisco Bay; which typically generate about 90 percent of the total average
annual value for this California fishery. In real dollars, San Francisco Bay herring landings have
averaged about$2.7 million in ex-vessel value to the fishermen since 2004. All the herring fishermen
and herring processing plants are small businesses as defined under Government Code
Section 11342.610.
In the 2008-2009 commercial herring season, San Francisco Bay landings amounted to
507 tons total, out of an available 1,118 ton quota. Depending on which option the Commission
chooses for 2009-2010, the quota will be between zero and 484 tons (10 percent of the 2008-2009
spawning estimate of 4,844 tons). Given this range relative to last season, the potential direct
impacts are $20,900 to $479,000 in lost revenue to the fishermen. The resulting total output impact to
the State's economy from this potentially lost revenue is $37,000 to $850,000. This is based on an
economic output multiplier of 1.774 for calculating total direct, indirect, and induced impacts to
California's economy from the herring fishery.
The Commission has made an initial determination that the amendment of this regulation may
have a significant statewide adverse economic impact on businesses, including the ability of
California businesses to compete with businesses in other states. The Commission has
considered proposed alternatives that would lessen any adverse economic impact on business
and invites you to submit alternative proposals. Submissions may include the following
considerations:
(i) the establishment of differing compliance or reporting requirements or timetables which
take into account the resources available to businesses;
(ii) consolidation or simplification of compliance and reporting requirements for businesses;
(iii) the use of performance standards rather than prescriptive standards; or
(iv) exemption or partial exemption from the regulatory requirements for business.
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(b) Impact on the Creation or Elimination of Jobs within the State, the Creation of New Businesses or
the Elimination of Existing Businesses, or the Expansion of Businesses in California:
Given a range of$20,900 to $479,000 in potential lost revenue to the fishermen, the employment
impacts are estimated to be between five to 105 jobs lost. This is based on an employment multiplier
of 218.3 jobs per million dollars in lost fishing revenue in the California herring fishery.
(c) Cost Impacts on a Representative Private Person or Business:
The agency is not aware of any cost impacts that a representative private person or business
would necessarily incur in reasonable compliance with the proposed action. There are no new
fees or reporting requirements stipulated under the proposed regulations.
(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.
(e) Nondiscretionary Costs/Savings to Local Agencies: None.
(f) Programs Mandated on Local Agencies or School Districts: None.
(g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under
Part 7 (commencing with Section 17500) of Division 4, Government Code: None.
(h) Effect on Housing Costs: None.
Effect on Small Business
It has been determined that the adoption of these regulations may affect small business. The
Commission has drafted the regulations in Plain English pursuant to Government Code sections
11342.580 and 11346.2(a)(1).
Consideration of Alternatives
The Commission must determine that no reasonable alternative considered by the Commission, or that
has otherwise been identified and brought to the attention of the Commission, would be more effective in
carrying out the purpose for which the action is proposed or would be as effective and less burdensome
to affected private persons than the proposed action.
FISH AND GAME COMMISSION
John Carlson, Jr.
Dated: June 30, 2009 Executive Director
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